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PRESENTED BY
The University of Texas School of Law
The Wealth Management and Trust Division of the
Texas Bankers Association


SPONSORS

Cadence Bank
First Victoria National Bank
Wells Fargo-The Private Bank
Conference art

9th Annual Changes and Trends Affecting

Special Needs Trusts

A Guide for Attorneys, Financial Advisors and Trust Officers

Austin Feb 7-8, 2013 AT&T Conference Center
Conference Concluded
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Overview

Changes and Trends Affecting Special Needs Trusts brings together leading, national professionals in the SNT field, features the latest updates, and offers a great set of materials including sample forms, drafting tips and sample language. Hear directly from key agencies including the Centers for Medicare & Medicaid and Texas Health and Human Services Commission and gain expert insight on Medicare Set-Aside Trusts and working with the Social Security Administration.

The 2013 program highlights include:

  • Luncheon presentation by Stephen Dale on Training Trustees on Working with the Disability Advocacy Community(ies)
  • When You Are Right and SSA Is Wrong, What Do You Do? with David Lillesand
  • Multiple sessions on drafting SNTs, including the SNT Language Roadmap; Drafting for Various Beneficiary Circumstances, and the popular Dirty Dozen, Part II: Blatant Drafting Mistakes
  • New for 2013: Special Needs Trusts Basics
If you work with special needs trusts—or want to learn how to use, draft, fund and administer them—don't miss this program!

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 February 7, 2013
  • Day 2 February 8, 2013
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Feb. 7, 2013
    Presiding Officer:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX
  • 9:30 am
    Registration Opens
    Includes light refreshments.

  • 10:20 am
    Welcoming Remarks

  • 10:30 am
    1.00 hr
    Special Needs Trusts Basics, Part I: The ABCs of SNTs
    This introduction to the program defines the concept of SNTs, including the different types of trusts and when the use of each is appropriate.

    Randy Drewett, Attorney at Law - Beaumont, TX
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX

  • 11:30 am
    0.50 hr
    0.25 hr ethics
    Special Needs Trusts Basics, Part II: Protecting and Maximizing Public Benefits
    Planning options—and related ethical issues—to ensure a trust's beneficiary qualifies for the most important disability benefits: Supplemental Security Income, Medicaid, Social Security Disability Insurance and Medicare; plus how to manage trust distributions to avoid losing benefits while enhancing the beneficiary's quality of life.

    H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
    Christina Lesher, Attorney at Law - Houston, TX

  • 12:00 pm
    Pick Up Lunch
    Included in conference registration fee.

  • Thursday Afternoon, Feb. 7, 2013
    Presiding Officer:
    Shari M. Scholten, Wells Fargo-The Private Bank - Austin, TX
  • LUNCHEON PRESENTATION
    Thank You to Our Luncheon Sponsor

    First Victoria National Bank

  • 12:15 pm
    0.75 hr
    Case Law Update
    A look at recent regional and national cases involving special needs trusts as well as other cases of note.

    Mary Alice Jackson, Attorney at Law - West Lake Hills, TX
    Rebecca C. Morgan, Stetson University College of Law - Gulfport, FL

  • 1:00 pm
    Break

  • 1:15 pm
    0.50 hr
    Public Benefits Update
    Recent changes in the Supplemental Security Income (SSI), Medicaid and other programs needed by SNT beneficiaries, plus other advanced topics and strategies.

    H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
    Christina Lesher, Attorney at Law - Houston, TX

  • 1:45 pm
    0.75 hr
    Everything You Ever Wanted to Know Regarding Medicare Set-Aside Trusts
    Since the government began applying the workers compensation Medicare set-aside rules to personal injury liability recoveries, issues around establishing a Medicare Set-Aside Trust (MSAT) within a special needs trust frequently arise. This presentation discusses the circumstances when an MSAT is required, determining the amount necessary to fund the MSAT, practical tips when drafting MSAT provisions as well as recent developments affecting MSATs.

    Ronald R. Cresswell, Johnson Jordan Cresswell Monk, PC - Dallas, TX
    Sally Stalcup, Centers for Medicare & Medicaid Services - Dallas, TX

  • 2:30 pm
    0.50 hr
    Subrogation and Liens in Personal Injury Claims
    Medicaid, Medicare, health insurers, worker's compensation carriers, the Department of Veterans Affairs (VA), and others all want a share of the injured plaintiff's personal injury claim. What you don't know can hurt you.

    Judy Kostura, Judge, Kostura & Putman P.C. - Austin, TX

  • 3:00 pm
    0.50 hr
    Subrogation and Medicaid Managed Care
    An overview of subrogation and the statewide expansion of managed care in Texas.

    Janice Kathleen Anderson, Texas Health and Human Services Commission (HHSC) - Austin, TX
    Diane Broadhurst, Texas Health and Human Services Commission (HHSC) - Austin, TX

  • 3:30 pm
    Break

  • 3:45 pm
    0.50 hr
    What Happened to MHMR?
    The Texas Council of Community Centers is the new name of the Texas Council of Community MHMR Centers. This presentation addresses national trends in disability terminology, federal law on respectful language, the role of the Texas Council in state governance, what services are provided through the community centers and how the services are provided.

    Danette Castle, Texas Council of Community Centers - Austin, TX

  • 4:15 pm
    0.50 hr
    Effective Communication with the Social Security Administration
    Learn practical and unique maneuvers, gained from decades of working within and outside the agency, including basic strategies for corresponding with local field offices, state agencies and appeal components; and what works and what doesn't in SSA's paper and electronic terrain. Understanding national and local tactics, such as using SSA's own readily available and not so well known operating procedures, open the agency's portals and grease the wheels for effective communication and timely responses.

    Robert Edwards, DACR, Inc. - Austin, TX

  • 4:45 pm
    0.75 hr
    The View from HHSC
    Officials from the Texas Health and Human Services Commission (HHSC) discuss current issues in long-term care Medicaid eligibility.

    Moderator:
    H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
    Panelists:
    Shari L. Nichols, Texas Health and Human Services Commission - Austin, TX
    Panelists:
    John Stockton, Texas Health and Human Services Commission - Austin, TX

  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Feb. 8, 2013
    Presiding Officer:
    Celeste Embrey, Texas Bankers Association - Austin, TX
  • 7:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.75 hr ethics
    Avoiding Fiduciary Litigation
    Panelists address their years of experience with fiduciary litigation, identifying pitfalls that drafters often miss and that could increase the risk of fiduciary litigation. Grantors, trustees and beneficiaries all lose time, money, health and well-being when faced with costly disputes or litigation; the drafters' goal is not just helping clients avoid liability, but also helping them avoid—or reduce—fiduciary litigation.

    Moderator:
    Kathleen Ford Bay, Richards Rodriguez & Skeith LLP - Austin, TX
    Panelists:
    James J. Hartnett Jr., The Hartnett Law Firm - Dallas, TX
    Panelists:
    Dean Miller Kilgore, Attorney-Mediator - Austin, TX
    Panelists:
    Hon. Polly Jackson Spencer, Bexar County Probate Court No. 1 - San Antonio, TX

  • 9:15 am
    0.75 hr
    SNT Language Roadmap: Understanding the Meaning in Your Words
    The SNT is more than just the words on the page. This session looks at the words used in the SNT and how the trustee implements those words to give them meaning.

    G. Mark Shalloway, Shalloway & Shalloway - West Palm Beach, FL

  • 10:00 am
    0.50 hr
    Drafting for Various Beneficiary Circumstances
    Different disabilities and different circumstances may call for significantly different approaches to drafting SNTs and collateral documents. This presentation provides guidance on a range of disabilities and factors that affect whether certain trust provisions are helpful or harmful, along with a listing of disability-related resources and suggested language.

    Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX

  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    The Dirty Dozen, Part II: Blatant Drafting Mistakes, Nos. 13-24
    A sequel to the first dozen mistakes presented in 2012, this presentation offers another twelve drafting mistakes in special needs trusts that you don't want to make when drafting your trusts.

    Wesley E. Wright, Wright Abshire, Attorneys - Bellaire, TX

  • 11:15 am
    0.75 hr
    When You Are Right and SSA Is Wrong, What Do You Do?
    Emergency steps to take and alternatives when SSA denies your perfectly drafted first- or third-party special needs trust.

    David J. Lillesand, Lillesand & Wolasky, PL - Clearwater, FL

  • 12:00 pm
    Pick Up Lunch
    Included in conference registration.

  • Friday Afternoon, Feb. 8, 2013
    Presiding Officer:
    Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX
  • LUNCHEON PRESENTATION

  • 12:15 pm
    0.75 hr
    Training Trustees on Working with the Disability Advocacy Community(ies)
    A discussion on the value of maintaining a practice that is actively involved in the disability community as an attorney, trustee, care manager or advisor. The current community social service system for persons with disabilities is changing dramatically. Merely preserving eligibility for welfare programs such as Supplemental Security Income (SSI) and Medicaid will likely have diminishing relevance for the special needs trust practice. Hear how being actively involved with the disability community helps the special needs trust practitioner better understand the issues and challenges that persons with disabilities and their families face and how even a minimal level of involvement can help professionals address these important issues.

    Stephen W. Dale, The Dale Law Firm, PC - Pacheco, CA

  • 1:00 pm
    Break

  • 1:15 pm
    0.50 hr
    SNT Funding: Top Ten Financial Planning Mistakes
    Funding mistakes arise when integrating advisors and financial products with special needs trusts. Learn how to identify "red flag" assets, poor financial strategies and unfavorable financial products, with a focus on proper funding structures, clear advisor roles and practical implementation to ensure successful special needs trust and asset integration.

    Naomi Duke, The K Corporation - Houston, TX

  • 1:45 pm
    0.50 hr
    Thinking out of the Box: Creative Ways to Make SNT Distributions
    Over the years, trust beneficiaries have suddenly lost benefits such as SSI and Medicaid due to trust distributions for various purposes, including distributions that had always been acceptable before such a benefits denial. As doors close to efficient methods for helping beneficiaries access the goods and services they need—and that are permitted by benefits program rules, fiduciaries must use new approaches. A long-time trustee provides experiences and insight into these challenges and offers creative solutions.

    Nancy Sosa, Cadence Trust - Austin, TX

  • 2:15 pm
    0.50 hr ethics
    Trust Protectors and Trust Committees: Do These Tools Have a Viable Role in SNT Drafting and Planning?
    Trust attorneys and trust officers often encounter the use of trust protectors/trust committees in the context of various irrevocable trusts outside of the realm of special needs trusts. The presentation explores the utilization of these flexible tools in the context of SNTs, including: advantages and disadvantages, what provisions of the Texas Trust Code are applicable, whether the statutory provisions of court-created §142 and §867 trusts permit these provisions, the utilization of these tools in third-party-settled SNTs, fiduciary liability of trust protectors and members of trust committees, and whether these provisions really work in practice.

    David J. Reber, Locke Lord LLP - Dallas, TX

  • 2:45 pm
    0.50 hr
    Ask the Experts
    A panel of seasoned attorneys and trustees respond to frequently—and sometimes infrequently—asked questions regarding special needs trusts, with special focus on situations where capacity or lack of capacity is not entirely clear.

    Moderator:
    Renée C. Lovelace, The Lovelace Law Firm, P.C. - Austin, TX
    Panelists:
    H. Clyde Farrell, Farrell & Pak PLLC - Austin, TX
    Panelists:
    Patricia F. Sitchler, Schoenbaum, Curphy & Scanlan, P.C. - San Antonio, TX
    Panelists:
    Nancy Sosa, Cadence Trust - Austin, TX

  • 3:15 pm
    Adjourn

  • Day 1 February 7, 2013
  • Day 2 February 8, 2013
Download Schedule

Conference Faculty

Janice Kathleen Anderson

Texas Health and Human Services Commission (HHSC)
Austin, TX

Kathleen Ford Bay

Richards Rodriguez & Skeith LLP
Austin, TX

Diane Broadhurst

Texas Health and Human Services Commission (HHSC)
Austin, TX

Danette Castle

Texas Council of Community Centers
Austin, TX

Ronald R. Cresswell

Johnson Jordan Cresswell Monk, PC
Dallas, TX

Stephen W. Dale

The Dale Law Firm, PC
Pacheco, CA

Randy Drewett

Attorney at Law
Beaumont, TX

Naomi Duke

The K Corporation
Houston, TX

Robert Edwards

DACR, Inc.
Austin, TX

H. Clyde Farrell

Farrell & Pak PLLC
Austin, TX

James J. Hartnett Jr.

The Hartnett Law Firm
Dallas, TX

Mary Alice Jackson

Attorney at Law
West Lake Hills, TX

Dean Miller Kilgore

Attorney-Mediator
Austin, TX

Judy Kostura

Judge, Kostura & Putman P.C.
Austin, TX

Christina Lesher

Attorney at Law
Houston, TX

David J. Lillesand

Lillesand & Wolasky, PL
Clearwater, FL

Renée C. Lovelace

The Lovelace Law Firm, P.C.
Austin, TX

Rebecca C. Morgan

Stetson University College of Law
Gulfport, FL

Shari L. Nichols

Texas Health and Human Services Commission
Austin, TX

David J. Reber

Locke Lord LLP
Dallas, TX

G. Mark Shalloway

Shalloway & Shalloway
West Palm Beach, FL

Patricia F. Sitchler

Schoenbaum, Curphy & Scanlan, P.C.
San Antonio, TX

Nancy Sosa

Cadence Trust
Austin, TX

Hon. Polly Jackson Spencer

Bexar County Probate Court No. 1
San Antonio, TX

Sally Stalcup

Centers for Medicare & Medicaid Services
Dallas, TX

John Stockton

Texas Health and Human Services Commission
Austin, TX

Wesley E. Wright

Wright Abshire, Attorneys
Bellaire, TX

Planning Committee

Renée C. Lovelace—Co-Chair

The Lovelace Law Firm, P.C.
Austin, TX

Patricia F. Sitchler—Co-Chair

Schoenbaum, Curphy & Scanlan, P.C.
San Antonio, TX

Ashlee Bennett

Texas Bankers Association
Austin, TX

Tanya T. Castro

First Victoria National Bank
Katy, TX

Ronald R. Cresswell

Johnson Jordan Cresswell Monk, PC
Dallas, TX

Randy Drewett

Attorney at Law
Beaumont, TX

H. Clyde Farrell

Farrell & Pak PLLC
Austin, TX

Deborah A. Green

Attorney at Law
Austin, TX

Joanna Jefferson

The University of Texas School of Law
Austin, TX

Pi-Yi Mayo

Law Office of Pi-Yi Mayo
Baytown, TX

Shari M. Scholten

Wells Fargo-The Private Bank
Austin, TX

Nancy Sosa

Cadence Trust
Austin, TX

Wesley E. Wright

Wright Abshire, Attorneys
Bellaire, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 12.25 hrs  |  1.50 hrs Ethics
Legal Specialization(s): Estate Planning and Probate Law, Tax Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 12.25 hrs  |  1.50 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Toggle view Oklahoma – 14.50 hrs  |  2.00 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other Credit
Toggle view Certified Financial Planner (CFP) – 20.00 hrs
This course has been approved for Certified Financial Planner (CFP) credit. UT Law CLE will report your credit for you, but we do require that you claim the credit in your Briefcase and ensure your CFP number is add in your account. Contact us at accreditation@utcle.org if you have additional questions.

You can learn more at: http://www.cfp.net/
Toggle view TX Accounting CPE – 14.50 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Feb 7-8, 2013 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $450.00 Regular pricing: Feb 1, 2013

$500.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $450.00 Regular pricing: Feb 1, 2013

$500.00 for registrations received after this time

Last day for cancellation (full refund): Feb 1, 2013

$50 processing fee applied after this date

Last day for cancellation: Feb 4, 2013

Venue

speaker

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$174.00 good through Jan 14, 2013

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Cadence Bank logo
    Cadence Bank
    cadencebank.com
  • First Victoria National Bank logo
    First Victoria National Bank
    As the Oldest Independent Bank in Texas, we combine a history of financial insight, a wide variety of products and services, and the expertise of a team of professionals to partner with you as you develop a strategy to build and protect your wealth, today and for generations to come. Strong, local community ties and our belief in high quality service levels demonstrates our core vales and continues to makes us the bank of choice. www.firstvictoria.com
  • Wells Fargo-The Private Bank logo
    Wells Fargo-The Private Bank
    Wells Fargo is one of the oldest and largest national providers of Special Needs Trust administration in the United States today. At Wells Fargo, the Special Needs Trust is a core capability and not an "add-on" service or afterthought. Our services for Special Needs Trust clients go far beyond management of trust assets. We believe in working closely with each client and family to help the beneficiary pursue the highest possible quality of life. www.wellsfargo.com/theprivatebank
Download Sponsor Details Become a Sponsor
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